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Constitutional Law

: Chris King's 1st Amendment Page

KingCast presents 28 U.S.C. §455 McLane, Graf Organizational Chart of Substantial Contacts with Judge Landya B. McCafferty in KingCast v. Ayotte, NH Dist. 2010-CV-501.

By Christopher King

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Update: Kelly Ayotte responds -- try again guys Justice Kagan is going to love this:

I'll post the whole document and my reply including the org chart later tonight, but meanwhile Defendant Ayotte issued a response that references the WRONG USC section: Plaintiff did not know about the conflict ab initio, otherwise he would have filed under 28 U.S.C. §144. But there are two distinct statutes involved, so Plaintiff will now educate Defendants to the fact that they cannot now blame Plaintiff for not knowing something he could not have known prior to hearing, particularly given the fact that Nashua PD Defense Counsel Brian Cullen told him Mary Tenn was defending Kelly Ayotte, hence this 26 October 2010 journal entry warning her about the "win at all costs" mentality espoused by her would-be client.
Seriously, one well-respected area attorney just told me "Jesus, King, you didn't even fucking know......"
Defendant counsel Jack Middleton et al. want to play games..... well they can say hello to my Little Friend:
Well before I get there, let me remind you that Miss Kelly said that Justice Kagan's views were fringe and ridiculous, but in a while Justice Kagan will have a chance to evaluate whether Kelly Ayotte's position on threatening to arrest a diligent black reporter at publicly-avertised events on commericial property subject to State and Local licensing and permitting is fringe and ridiculous.

Landya_McCafferty_Disclosure_Memorandum_of_Law,_NH_Dist._2010-CV-501_(as_filed)

May it please the Court: Defense Counsel have threatened to move for Attorney Fees and to move to Strike any and all references Plaintiff KingCast made with respect to the fact that KingCast should have been informed of a potential Conflict of Interest mandating 28 U.S.C. §455 recusal of Magistrate Judge Landya McCafferty, who sided with Defendants on every single issue of fact in the 2 November, 2010 TRO Hearing. Plaintiff should have been notified to avoid the appearance of partiality, see related case law in the email chain at Exhibit 2.

I feel comfortable in my position and look forward to a full and fair hearing on the merits and any and all challenges that may present themselves at subsequent Courts of Appeal.
Christopher King, J.D.

PS: Perhaps Judge LaPlante properly recused himself because he may be the same Normand LaPlante who contributed $1,000.00 to Friends of Kelly Ayotte.

Full post as published by Chris King's 1st Amendment Page on December 27, 2010 (boomark / email).

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